Hello, Lexi232. My suggestion is to call the Social Security Administration (SSA).
http://www.socialsecurity.gov/pgm/services.htm
With the information you provide, SSA should be able to tell you whether a judgment creditor legally may take SSDI funds from your account. I am aware that at least in Michigan once the SSDI funds are deposited in the recipient's account they lose their exempt status and may be available to satisfy the amount owed a judgment creditor.
You may be able to get better information by calling your local SSA office. A local office may have information about Texas state law as it applies to your situation. You can find the closest SSA office by entering your zip code here:
https://secure.ssa.gov/apps6z/FOLO/fo001.jsp
If a creditor may take funds from your account to satisfy a judgment, you might benefit from calling the Texas Bar Association:
Quote:
Contact us by phone: (800) 252-9690 or (877) 9TEXBAR (Toll Free), Monday - Friday, CST, 8:30 a.m. to 4:30 p.m effective Sept. 1, 2010. The call-in service is closed on legal holidays. We also have phone services in Spanish.
|
Ask if you might be put in touch with a lawyer who specialize in Social Security or debtor/creditor relationships law for a free consultation. You might also ask whether you are eligible for reduced rate or pro bono representation should the need arise.
When talking to the lawyer, the idea of course is to find out what rights a judgment creditor may have in the SSDI benefits once deposited in your account. You might also want to know if Texas law provides you with any exemptions which would make the property the subject of the exemption unavailable to creditors.
Sometimes, serious consideration should be given to filing for relief under the bankruptcy laws. Discharging indebtedness is intended to provide debtors with a fresh start.
If you should talk to a bankruptcy attorney about that option ask if doctors, hospitals, clinics, etc., that have had their judgments discharged may refuse to provide you with service.
I mention that concern because my friend in Michigan was required to pay all extant bills (not already discharged in bankruptcy) in full before she could receive any further medical care from the doctors, clinics, hospitals affected.
Good luck. Knowledge is power. You may well have a lot of footwork to do before you gain that power.